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The first part of this article discussed the Delaware Supreme Court’s decision in In re Asbestos Litigation, 2006 WL 1231123 (Del. Super. Ct., May 9, 2006); the role of epidemiology in proving causation; and the interpretation of Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993), by several courts. The conclusion examines the role of courts as gatekeepers in light of the Asbestos Litigation decision.

At least two aspects of the Daubert ruling in Asbestos Litigation could facilitate the opportunity for other toxic tort plaintiffs to get their causation evidence to a jury. First, this decision squarely holds not only that epidemiology is not required to prove causation, but also that plaintiffs can overcome adverse epidemiology with other types of reliable scientific evidence.

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